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North Carolina Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for North Carolina on
Q: Is there a cap for pain and suffering in North Carolina due to an automobile accident.

I was rear ended my 3 minor children and I suffered whiplash. The adjuster for the person at fault is telling me in NC there is a cap of $1,500 for pain & suffering. It took a month before I was able to do some of the things I did prior to the accident. Their driver left his car there &... View More

Tim Akpinar
Tim Akpinar
answered on Nov 6, 2019

Your question could be best answered by a North Carolina attorney but it remains open for two weeks. That does not sound right for any jurisdiction. You should seriously consider consulting with a North Carolina injury attorney without further delay. There are things that need to be done at the... View More

1 Answer | Asked in Car Accidents, Civil Litigation and Lemon Law for North Carolina on
Q: A dealer wiped the error codes from a car we were looking to buy, claiming it was perfectly functioning.

He also claimed it wasn’t in a collision . A pre purchase inspection found it was falling apart, many codes hidden, and there was evidence of it having been in a collision. Is this legal in NC?

Peter N. Munsing
Peter N. Munsing
answered on Aug 20, 2019

No, it violates federal and likely state laws. If someone bought it they need to contact the consumer division of the AG's office.

1 Answer | Asked in Car Accidents for North Carolina on
Q: Is it illegal to stop on top of the railroad tracks especially when no one is in front of you

A lady had slammed on her brakes and dead stopped on top of the rail road tracks ..

I hit her in in The rear because of this ... I have a witness who stated to the insurance company that she slammed on her brakes with no one in front of her on top of the rail road tracks ..

the... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 29, 2019

see the answers to the duplicate question

1 Answer | Asked in Car Accidents for North Carolina on
Q: Is it illegal to stop on top of railroads tracks especially with no one in front of you

A lady had slammed on her brakes and dead stopped on top of the rail road tracks ..

I hit her in in The rear because of this ... I have a witness who stated to the insurance company that she slammed on her brakes with no one in front of her on top of the rail road tracks ..

the... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 29, 2019

Turn it over to your insurance. The problem you have is you are required to drive your car so that you can stop if the car in front jerks to a stop --for instance because a kid ran out in front. Trust me the company for the other driver will fight it. I've won a case like this but that was... View More

1 Answer | Asked in Car Accidents for North Carolina on
Q: I was in an accident a in my friends car which he is driving. the other driver hit us on red signal and ran.

I was in an accident a in my friends car which he is driving. the other driver hit us on red signal and ran. Police caught the other driver at 100% fault. after 2 weeks I received a summon to attend the Ronaoke court. I live in north carolina. I went to Ronoake to visit my friend and I was in his... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 29, 2019

If you are in the state yes. However even if outside of the state if you have an injury case you want to help your friend and yourself. Contact a member of the Va. Trial Lawyers Assn in Roanoake. They give free consults.

2 Answers | Asked in Car Accidents for North Carolina on
Q: Liability for a car crash in construction zone
Peter N. Munsing
Peter N. Munsing
answered on Jul 11, 2019

There's no question here.

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2 Answers | Asked in Car Accidents for North Carolina on
Q: What happens when you go to trail for careless operations
Peter N. Munsing
Peter N. Munsing
answered on Jul 11, 2019

You can wind up with a penalty and possibly damages. Contact an attorney who handles traffic cases in the county where you will have to appear.

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1 Answer | Asked in Car Accidents and Consumer Law for North Carolina on
Q: Took my 2002 vehicle to the auto repair shop and they created a car fire inside the car. Can I sue for more than value?

It's a 2002 Acrua RL with 129000 on it and in great shape. Their insurance wants to only give me Kelly Blue Book value for the car. The shop caused the fire inside of the car and admitted it. Now they want me to settle and I don't agree because I would have to purchase another car and... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 11, 2019

Generally, in most states they only have to give you the retail value of the vehicle---even if that won't buy you what you lost. Check if that is so by contacting a member of the NC Assn for Justice--they give free consults.

2 Answers | Asked in Car Accidents and Personal Injury for North Carolina on
Q: If you believe a car malfunction led to your injuries who or what attorney would you try to get for that? Thank you

So I believe that Toyota should be held responsible for their airbags deploying which caused the vision impairment to avoid the accident that caused the injury to me I have a lawyer for the injury the self but feel that Toyota should be held responsible because it could have been avoided thank you

Ross Diamond III
Ross Diamond III
answered on Apr 12, 2019

Depending on evidence in the case, Toyota could be named in the suit. Since you have a lawyer representing you, this is something to discuss with that lawyer.

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1 Answer | Asked in Car Accidents and Insurance Defense for North Carolina on
Q: Is there any way to get justice for a fender bender the person in front is at fault

The woman was on hwr phone and stopped 15 ft before the lime at the light slamming on her breaks i was slowing down to come to a stop at the light and ended up haveing to slam on the breaks as well my leg is hurt ans my car is totaled all she has is a little scratch she knew she was at fault... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 18, 2019

First,contact a member of the NC Assn for Justice--they give free consults. Second, do not discuss this further on this page or any page, or facebook etc.

Yours is a very tough case----in part because while she is careless if she came to a complete stop that early, you have to leave enough...
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1 Answer | Asked in Traffic Tickets and Car Accidents for North Carolina on
Q: My passenger side view mirror is broken , in the state of Nc how much of a ticket would it be if I got pulled over ?
Amanda Bowden Johnson
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answered on Feb 6, 2019

You'd likely get a warning (unless you are a jerk to the stopping officer). If ticketed it'd likely be for Improper Equipment - about a $263 ticket.

1 Answer | Asked in Car Accidents and Small Claims for North Carolina on
Q: My taxi driver backed into and knocked down my mailbox. He took off after throwing $20 at me. Wasn't nearly enough money

Wasn't enough money to replace mailbox post and have it installed . Contacted citi taxi and they refused to cover expense or to give me name of taxi driver so at this point I don't have his insurance info to make a claim. I have his "hack" # and cab number, but not his name or... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 9, 2019

Tell citi if they don't give the insurance for their car you will have to assume it's uninsured, and report them to the agency that regulates taxicabs. Follow up with action if they don't.

2 Answers | Asked in Car Accidents for North Carolina on
Q: Someone hit my car in a parking lot. I have provided him with two written estimates and now he refuses to respond.

I have tried multiple time to contact him once I sent the estimates and he refuses to answer. What are my options at this point?

Robert D. Kreisman
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Robert D. Kreisman
answered on Jan 3, 2019

Assuming you reported this to the local police and your insurance company, if your collision insurance does not cover this incident for some reason, you can file a property damage claim. You would need to either repair the damage and have a paid bill or have an estimate of the cost of the repair.

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1 Answer | Asked in Traffic Tickets and Car Accidents for North Carolina on
Q: Most likely outcome?

I was charged with misdemeanor failure to report an accident and misdemeanor hit run. I allegedly hit a parked vehicle with no occupants on private property. The night that this happened a man with a loaded rifle came out and told me to leave so I left. The the owner of the vehicle was well aware... View More

Amanda Bowden Johnson
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answered on Dec 12, 2018

If you can prove your version of the events. You should be found not guilty. I get most charges of failure to report dismissed because the charging officer jumped the gun and charged within the 24 hour period. As to paying for the damages - the owner has a civil remedy for that.

2 Answers | Asked in Car Accidents for North Carolina on
Q: In north carolina can i drive my car with no bumper. All lights work and are intact
Bill Powers
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Bill Powers
answered on Aug 26, 2018

GREAT QUESTION

You've stumped this lawyer. North Carolina seems to focus on safety equipment such as lighting, brake lights, windshield wipers (if it's raining), etc. If a bumper wasn't properly affixed/attached and/or about to fall off, law enforcement likely could conduct...
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1 Answer | Asked in Car Accidents for North Carolina on
Q: someone damaged my car after me telling them not to drive it. What can I do about that?

I left on leave for two weeks, left my keys with someone I trusted, he told me my car sounded like something was loose in the engine. I told him not to drive it, he drove it and now my car is stuck in Park and won’t move.

Peter N. Munsing
Peter N. Munsing
answered on Aug 17, 2018

Taking the big picture, lets say he just had to move it--same thing could've happened. It's not like he caused that--you'd have to be doing something unimaginable to stick a vehicle in park. Yes he shouldn't have moved it but it's the type of thing if he didn't you... View More

2 Answers | Asked in Car Accidents for North Carolina on
Q: Failure to yield right of way while making a left turn to a car engaged in an unlawful maneuver. Is this negligence?

My husband was hit by a car passing to the right of cars stopped at an intersection on a one lane road as he was making a left turn. He was found to be partially negligent. Does the right of way rule apply to a car engaged in making an unlawful maneuver?

Bill Powers
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Bill Powers
answered on Aug 7, 2018

That's a bit complicated. More info into the specifics would be helpful and the best way to do that is a formal consultation with Durham County lawyer.

North Carolina is one of the few remaining states in the entire country that still has CONTRIBUTORY NEGLIGENCE. Indeed, there are...
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2 Answers | Asked in Car Accidents for North Carolina on
Q: What are requirements for a malpractice suite?
Bill Powers
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Bill Powers
answered on Aug 6, 2018

Depends on the type of case. In North Carolina, there are VERY STRICT filing requirements and deadlines for claims of Medical Negligence.

Introduction to Rule 9(j). In 1995, the North Carolina General Assembly created Rule 9(j) of the North Carolina Rules of Civil Procedure to require...
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1 Answer | Asked in Personal Injury and Car Accidents for North Carolina on
Q: I wrecked my mom's car after swerving to miss a deer does her insurance have to pay me

I was driving my mother's car with permission. I am 45 years old. I swerved to miss a deer causing the car to flip. I hurt my back and have missed 4 weeks of work due to the accident. However her insurance company recently told me that they were not responsible to pay my medical bills or for... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 19, 2018

If you own a car and have insurance, that insurance is primary. That only covers your medical bills and lost wages (if wage loss was selected). You don't get to sue anyone because a deer caused it. Unless you can show the deer was a pet deer, and the owner didn't confine it, no person is... View More

1 Answer | Asked in Personal Injury, Car Accidents and Civil Litigation for North Carolina on
Q: How long do I have to file a lawsuit for injuries caused by a car accident in NC?
Camille Brooks Ibrahim
Camille Brooks Ibrahim
answered on Jul 5, 2018

The statute of limitations on a personal injury claim is 3 ys in NC.

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